Landlord cancelled cheque

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    Landlord cancelled cheque

    Hi there,

    I finally moved ouit of the hell hole i was living in and i sold some of my furniture to my ex landlord. i left quite a lot there and he wrote me a cheque to include my deposit and the money for the furniture. three days later he cancelled the cheque and sent me an email saying that he didnt appreciate me complaining to the council. He is now refusing to answer my calls, my emails etc and is refusing to give me back my money.

    i filed a claim with mcol and it turns out that the bugger has moved, i asked him for his new address and he said that he no longer needs to supply me with his address. so i have a court case against him and nowhere to send it to. i did a register search and he was never registered at any address, dead dodgy if you ask me!!!

    Anyone ever had to deal with anything like this? essentially he still has my furniture and my deposit.

    help please because i dont want him to get away with this at all.

    #2
    Perhaps you can get a charge against the property if he still owns it.
    ASSUME NOTHING - QUESTION EVERYTHING!

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      #3
      I sent the initial claim to his last known address and then resent it to the rental address but both came back unserved.

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        #4
        Originally posted by dellgirl View Post
        I sent the initial claim to his last known address and then resent it to the rental address but both came back unserved.
        Bouncing the cheque may be a criminal offence, under Theft Act 1968.
        Consult Police?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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          #5
          thank you i will give them a call once i get out of work, i really dont want him to get away with this at all and in essence he has stolen money and goods from me

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            #6
            dep cheque

            did u go trhough an agent? they will have the details.
            if not, wghat about your contract? it should have his deets oin there - or the inventory etc.
            the agent has to provide the details.

            let me know

            L

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              #7
              Check the Civil Procedure Rules for what counts as valid service. As far as I am aware, if you serve something at a person's last known address (particularly if you do so by registered post) then the document is deemed served, even if not signed for or actually received. Do double-check that one though.

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                #8
                By writing the cheque and issuing it the LL has admitted he owes you the money. Check on Land Registry the address of the LL and try sending letters there! .. Dont send it by recorded post tho, take two letters to two post offices and get proof of receipt. It has been upheld in court that one can go missing but not both!
                GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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                  #9
                  Originally posted by tobylaura@btinternet.com View Post
                  did u go trhough an agent? they will have the details.
                  if not, wghat about your contract? it should have his deets oin there - or the inventory etc.
                  the agent has to provide the details.

                  let me know

                  L
                  i didnt go through a letting agency for this one but by god i went through one for the place i am living in now. the tenancy agreement has his old address on it and i checked the land registry and ditto. i called the court and they said that they sent it to his last known address and it came back unserved.

                  i found an address for him cost me a tenner but its done and i have sent the court papers again in a pink fluffy box with happy birthday on it and its registered. will let you know how i get on.

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